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Investment Deals and Disputes in Asia (LAWS90097)
Graduate courseworkPoints: 12.5Not available in 2021
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
Overview
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In this subject, students will act as lawyers advising an international investor in a hypothetical investment project in a developing Asian jurisdiction (based on real life experience of the subject coordinator). Students must identify the legal risks and potential disputes in this developing environment and advise ways to mitigate such risks and avoid or resolve disputes. Students will study relevant laws, draft contractual documents, analyse legal issues, give advice, negotiate with the local government, project finance lenders and other parties and bring the deal to closure. Students are also involved in a dispute scenario arising out of the transaction. After the subject, students are expected to have an overview of the key risks and potential disputes in investment deals in developing Asian systems and ways to mitigate such risks through negotiation and documentation. Students can also research more deeply into particular legal issues such as expropriation, change in law, currency conversion or performance by state-owned companies and dispute resolution. Throughout the subject, students will study different areas of law such as investment, administrative, conflict of laws and international dispute resolution.
Principal topics include:
- General overview of risks and potential disputes for investors
- Risks of expropriation
- Risks of illegality
- Performance by state-owned enterprises
- Currency conversion
- Permits and regulatory approvals
- Choice of law, dispute resolution and the arbitration process
- Negotiating with local counterparties and international project finance lenders
- Resolving disputes and closing the deal.
Intended learning outcomes
After the course, students will develop an advanced understanding of:
- Possible investment structures for a complex investment project involving equity sponsors, project finance lenders and the host government's sovereign guarantees
- How to deal with the local host government, lenders and other parties to resolve legal issues in the project in a nuanced and effective manner
- Legal risks and potential disputes for investors in complex projects in a developing Asian jurisdiction including, for example, expropriation, change in law, permits, performance by state owned counterparties and dispute resolution
- Possible ways to mitigate such legal risks including through local laws, international laws and contractual documents
- How disputes arise and are resolved in these complex transactions
- Practical issues for lawyers in international legal practice.
- How to draft documents, negotiate and close a deal with counterparties in a complex transaction
Students will also develop specialised skills to:
- Identify legal issues and help clients address them through documentation and negotiation at an advanced level
- Communicate clearly articulate and convey complex information regarding cross border transactions
- Be practical, while maximising legal safety for both client and lawyers, in a complex cross border transactions in Asia
- To independently examine, research and analyse existing and emerging legal issues relating to cross-border tansactions.
- Add value to clients, deal with counterparties and reach agreement
Last updated: 10 November 2023
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50080 | Deals In Asia Pacific | Not available in 2024 |
12.5 |
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 10 November 2023
Assessment
Description | Timing | Percentage |
---|---|---|
Take-home examination
| 21 - 24 June | 100% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 10 November 2023
Quotas apply to this subject
Dates & times
Not available in 2021
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 10 November 2023
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 10 November 2023